Powers Principals Present on Borrower Defense to Repayment, Gainful Employment and Other ED Rules at NYS Career School Convention

On October 25^th, Powers Law Principals Sean Beller, Nick Michiels, and Dan Brozovic presented at the Career School Convention sponsored by the Coalition of New York State Career Schools. Powers Law presented the following three sessions:

• The US Department of Education’s (ED) Borrower Defense to Repayment Rule and current activity under ED’s settlement in the Sweet v. Cardona The presentation also touched on Closed School Loan Discharges and recent changes to the 90/10 Rule.
• ED’s recently issued Gainful Employment Rule. Taking effect in July 2024, this rule will once again subject programs to loss of Title IV eligibility unless they pass a revised debt-to-earnings rates measure and a new earnings threshold measure, and will expand financial value transparency provisions to cover programs in all sectors in higher education.
• ED’s final rules issued on October 24^th, including (1) changes to the financial responsibility rules; (2) stricter administrative capability standards; (3) ED’s expanded authority to place institutions on provisional certification; and (4) changes to Program Participation Agreements, including who must sign them.

The theme of the Career School Convention was “Adapting to the Future: Reinventing and Transforming Career Education.”  For more information on the conference, please visit cnyscs.com/convention.

Since its founding in 1994, the Powers Education Practice has developed into one of the most well-respected higher education practice groups in the country.  Powers education lawyers and professionals represent a wide array of educational institutions across all sectors of higher education, including public and private universities and colleges, community colleges, private medical schools, career colleges, technical schools, and publicly-traded and privately-held for-profit and non-profit educational corporations. The group also advises other educational organizations including accrediting bodies, service providers, and financial institutions. The group’s clients are located across the nation and abroad.